An Antiguan couple will get their day in court after a High Court judge rejected an attempt by the Sir Lester Bird Medical Centre (SLBMC) to dismiss their lawsuit over the stillbirth of their child.
Gretchen Saunders-Christopher and Rody Christopher are suing the hospital and obstetrician Dr. Daryen Ephraim, claiming that medical negligence led to the loss of their baby in October 2022. The couple is also seeking compensation for the emotional and psychological trauma they say they’ve endured since the incident.
Their claim, filed through attorney Wendel Alexander, includes damages for negligence and breach of contract, as well as psychiatric injury—particularly to Gretchen, who has been diagnosed with post-traumatic stress disorder, depression, and anxiety. Both parents continue to attend weekly therapy sessions.
The hospital had asked the court to hold a preliminary hearing to determine whether the case was statute barred under the Public Authorities Protection Act (PAPA), which sets a six-month time limit for legal action against public institutions. The lawsuit was filed in December 2023—over a year after the incident—and the hospital argued it should therefore be struck out.
But on June 4, 2025, Justice Carlos Michel ruled that the limitation issue must be dealt with during a full trial. He found that the timeline of events and the nature of the hospital’s actions are too closely tied to the facts of the case to be decided separately.
According to the judge, determining whether the hospital was acting under statutory functions—and is therefore protected under PAPA—requires the same evidence that would be presented to establish negligence. Justice Michel made it clear that not all acts of a public body automatically fall under the protection of the PAPA statute. He further cautioned that splitting the issues could increase costs and delay justice.
Meanwhile, the SLBMC argued that resolving the limitation issue early could reduce costs, particularly those related to expert medical witnesses. However, Justice Michel noted that any time or cost savings were speculative and that appeals could further extend proceedings.
He also noted that there’s major disagreement between the parties over the timeline of the mother’s visits and the care she received.
The hospital and Dr. Ephraim have denied all allegations of negligence and maintain that the standard of care was upheld. They argue there is no evidence linking their actions to the stillbirth.
The case is expected to go to trial over two days, with the court set to decide both the question of liability and whether the claim was filed within the allowable time frame.
In the meantime, Justice Michel has issued updated case management orders:
- SLBMC must file its witness statements by July 31, 2025.
- The claimants and Dr. Ephraim have been granted relief from sanctions, and their previously submitted witness statements and document lists will stand.
- All parties must finalize their agreed document bundles by June 30, 2025.
- Applications to appoint expert witnesses are due by September 5, 2025.
- The next case management hearing is scheduled for September 29, 2025.
The Christophers are seeking general, special, aggravated and exemplary damages, including for pain and suffering, and hope the case will bring accountability and closure for their loss.
